Loading...
ORD 1986-18 - Emergency SituationsORDINANCE NO. 86-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING OFFICERS, AGENTS AND EMPLOYEES OF THE CITY TO ACT IN EMERGENCY SITUATIONS; AND MAKING CERTAIN OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS, the Texas Supreme Court in a case styled Ron Black vs. Nueces Rural Fire Prevention District No. 2, et al, No. C-4154 before the Supreme Court of Texas, has ruled that in the absence of laws or ordinances applicable to emergency actions, there is no exception as provided by Article 6252-19, Section 14(a), suspending the Texas Tort Claims Act for officers, agents and employees responding to emergency situations; and, WHEREAS, the Texas Supreme Court seems to be of the opinion that a City must enact an ordinance to take advantage of this provision of the Texas Tort Claims Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Code of Ordinances of the City of Huntsville, Texas, is hereby amended by adding thereto a new section 2-1 which shall read as follows: "Section 2-1. Emergency Action. Every officer, agent or employee of the City, while responding to emergency situations is hereby authorized to act in such a manner as to most effectively deal with the emergency. This provision shall prevail over every other ordinance of the City and, to the extent to which the City has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. Neither the City nor the employee shall be liable for any failure to use ordinary care in such emergency." Section 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable bnd, if any phrase, clause, sentence, para- graph or section of this ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 3: This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED on this the 24thday of APPROVED AS TO FORM: .3w�. Scott Bounds, City Attorney June 1986. CITY OF HUNTSVILLE, TEXAS By Monday, Mayor